Encounters with police officers can be nerve-wracking, especially if you get the feeling they believe you have done something wrong. Or, if you know you have done something wrong.
Nerves and a lack of knowledge about how to handle these situations may cause you to do things that make your situation worse. One of those things is handing your phone over to the police officer to look through when they ask.
You don’t have to give your phone to the police (most of the time)
If an officer asks you to hand over your phone, or if they already have it and they ask you to unlock it, then you can typically refuse and it will usually be better if you do. Your phone may contain information that the police could use to tie you to a crime, regardless of whether you did anything wrong or not.
If the police show you a valid warrant for access to your phone, then they have the right to look through it. Otherwise, they don’t. If however, in your confusion or nervousness, you unlock it and hand it to them, you are legally giving them access. Any evidence they then come across could potentially be used to prosecute you.
What if an officer just takes my phone?
Let’s say your phone is unlocked because you are using it, and an officer grabs it. That would probably not be legal so you could likely use the illegality of their actions to ask a court to ignore any evidence acquired in this manner that a prosecutor tries to use against you.
The police may not need to see your phone to access the information on it
The police do have another option if they wish to see what is on your phone. They can ask a court to subpoena one of the providers, such as the phone company for your call logs, or a social media provider for your social media activity.
Learning more about your options will be wise if you fear the police have breached proper procedures when trying to get information on your phone.